In the wake of the California Supreme Court’s decision today to uphold the state constitutional amendment approved last November in the “Proposition 8” ballot initiative, Agudath Israel of America and Agudath Israel of California issued the following statement:
Agudath Israel of America and Agudath Israel of California are gratified that the will of the people of California to preserve the traditional meaning of marriage has been legally affirmed by the State Supreme Court. Agudath Israel of California was an early and vocal supporter of the state constitutional amendment that expressed this will, and thus takes a particular interest in the outcome of this case.
There is one troubling aspect of today’s decision, the failure of the court to apply the people’s will retroactively to nontraditional “marriages” entered into before the effective date of the state constitutional amendment. The result will be inherently incoherent, to say nothing of offensive to tradition-minded Californians. A wiser, not to mention more proper, decision here would have more accurately reflected the California electorate’s wishes.